Tata Capital Ltd v. Kosta Aggregates

Arb Appln No. 885 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-03-2025

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE Arb Appln No. 885 of 2024 Tata Capital Ltd TATA CAPITAL LTD By its Legal Manager D.Kalai Arasan Having its office at 1st Floor Centennial Square 6A Dr Ambedkar Salai Kodambakkam Chennai 600 024 Applicant(s) Vs Kosta Aggregates Rep.by its Partner, First Floor, Xi 496, Kalady Manjapra Road, Near Manjpra Govt School, Manjapra P O Ernakulam 683 581.TATA CAPITAL LTD By its Legal Manager D.Kalai Arasan Having its office at 1st Floor Centennial Square 6A Dr Ambedkar Salai Kodambakkam, Chennai 600 024 ..Respondent(s) For Applicant(s): Mr.N.K.Vanan

ORDER

This application has been filed seeking for appointment of the applicant's own employee as a Receiver.

2. Though this Court had earlier appointed the applicant's own employee as a Receiver to repossess the vehicle from the respondent, the said Receiver is yet to repossess the vehicle. This Court had already granted extension of time on 23.01.2025 to comply with the earlier order dated 1/2 https://www.mhc.tn.gov.in/judis

ABDUL QUDDHOSE,J.

19.12.2024.

3. The learned counsel for the applicant would submit that the vehicle has not been located and only due to the said reason, the Receiver could not repossess the vehicle.

4. I have already made it clear in my previous orders that the question of appointing the applicant's own employee as a Receiver for the purpose of repossessing the vehicle from the respondent cannot be granted, since the said receiver will not be a neutral person.

5. No useful purpose will be served if this application is allowed to be kept pending. Therefore, this Application is closed. However, liberty is granted to the applicant to file a fresh application seeking for appointment of an Advocate Commissioner to repossess the vehicle from the respondent once the vehicle is located.

06.03.2025 vsi To

1. Kosta Aggregates Rep.by its Partner, First Floor, Xi 496, Kalady Manjapra Road, Near Manjpra Govt School, Manjapra P O Ernakulam 683 581.TATA CAPITAL LTD By its Legal Manager D.Kalai Arasan Having its office at 1st Floor Centennial Square 6A Dr Ambedkar Salai Kodambakkam Chennai 600 024 Arb.Appln No. 885 of 2024 2/2 https://www.mhc.tn.gov.in/judis